Membership & registration

You may need to be registered with us as a member of our community for you to access certain features of our website, mobile application or certain of our other products and services.

You must be 13 years of age or older to register as a member of our community. If you are under the age of 13 years, you may not register as a member.

If you are 13 or older but under the age of 18:

• you represent that you have reviewed these terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand them. If you are a parent or guardian permitting a person under the age of 18 (the ‘minor’) to create an account, you agree to (1) exercise supervision over the minor's use of our website or our mobile application and their membership of our community, (2) assume all risks associated with the Minor's use of our website or our mobile application and their membership of our community, including the transmission of content or information to and from third parties via the internet or mobile communications systems and networks, (3) ensure that the content and information that the minor may encounter on our website or our mobile application or through their membership of our community are suitable for them, (4) assume liabilities resulting from the minor's use of our website or our mobile application and their membership of our community, (5) ensure the accuracy and truthfulness of all information submitted by the minor, and (6) provide the consents contained in these terms on behalf of the minor; and
• we may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these terms on your behalf, and, even if we don’t do this, we will assume that this is the case and will provide access to our website and you with membership to our community on this basis.

When you register as a member, you will provide us with personal information, such as your name and email address, and also with other information about your personal interests. We will handle all personal information we collect in accordance with our privacy policy.

Collection notice

We collect personal information about you in order to process your registration, provide you with access to certain of our products and services and for purposes otherwise set out in our privacy policy.

We may disclose that information to third parties that help us deliver our products and services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to our affiliated entities located in the United States, United Kingdom, Ireland, New Zealand and Singapore.

Our privacy policy explains (1) how we store and use, and how you may access and correct your personal information, (2) how you can lodge a complaint regarding the handling of your personal information, and (3) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at hq@exceptionalalien.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

Accuracy, completeness & timeliness of information

The information on our website and/or our mobile application is not comprehensive and is intended to provide a summary of the subject matter covered. While we take reasonable steps to ensure the accuracy and completeness of the information on our website and our mobile application, to the extent permitted by law (including consumer laws), we make no warranty regarding any information on our website or our mobile application. You should monitor any changes to the information contained our website and/or our mobile application.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website, our mobile application or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website and/or our mobile application is free of viruses or anything else (such as ‘worms’ or ‘Trojan horses’) that may interfere with or damage the operations of your computer systems or mobile device.

We may, from time to time and without notice, change or add to our website and/or our mobile application (including these terms) or the information, products or services described in them. However, we do not undertake to keep the website updated or mobile application. We are not liable to you or anyone else if errors occur in the information on the website or mobile application or if that information is not up-to-date.

Promotions

For certain campaigns, promotions or contests, additional terms may apply. If you want to participate in any such campaign, promotion or contest, you’ll need to agree to the relevant terms for that campaign, promotion or contest. Those relevant terms will prevail in the case of any inconsistency between them and these terms.

Linked sites

Our website and/or our mobile application may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our website and our mobile application and in all of the material (including all text, graphics, logos, audio and software) made available on our website and our mobile application (our ‘content’).

Your use of our website and/or our mobile application and use of and access to any of our content does not grant or transfer any rights, title or interest to you in relation to our website, our mobile application or that content. However, we do grant you a licence to access our website and our mobile application and view our content on these terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of our website, our mobile application or our content is prohibited and may result in civil and criminal penalties. In addition, you must not copy any of our content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of our website, our mobile application, our content or any part of it is prohibited, except to the extent permitted by law.

No commercial use

Our website and our mobile application is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our content, software, products or services contained within our website or our mobile application. You may not use our website or our mobile application, or any of our content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, applications, channels or other media platforms.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using our website or our mobile application to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
• posting or transmitting to our website or our mobile application any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website or to our mobile application, we have the right to take down this information at our sole discretion and without notice.

Warranties & disclaimers

To the maximum extent permitted by law, we make no warranties or representations about our website, our mobile application or our content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our website or our mobile application will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to our website, our mobile application, any of our content, or any feature of our website and/or our mobile application at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website or of our mobile application, your membership of our community and/or our content and any other information or materials contained on our website or on our mobile application, or as a result of the inaccessibility of our website or of our mobile application and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date.

Jurisdiction & governing law

Your use of our website and/or of our mobile application, membership of our community and these terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that place.

Our Privacy Policy

We are committed to respecting your privacy. This is our privacy policy. It sets out how we collect, use, store and disclose your personal information and, in which:

• 'we', ‘us’ or 'our' means Exceptional Alien Pty Ltd (ABN 79 633 569 678) and our affiliates; and
• ‘personal information’ includes information or an opinion about an individual that is reasonably identifiable.

Your personal information

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this policy and any other arrangements that apply between us. We may change this policy from time to time by publishing changes or a new version on our website. You should check our website periodically to ensure that you are aware of our current privacy policy.

We may collect the following types of personal information:

• name;
• mailing or street address;
• email address;
• telephone number and other contact details;
• age or date of birth;
• your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
• any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or our mobile application or online presence or through other websites or accounts from which you permit us to collect information;
• information you provide to us through customer surveys; or
• any other personal information that may be required in order to facilitate your dealings with us.

How do we collect personal information?

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

• register on our website or our mobile application;
• communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
• interact with our sites, services, content and advertising; or
• invest in our business or enquire as to a potential purchase in our business.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from privacy laws.

Why do we collect, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

• to enable you to access and use our website and/or our mobile application and our other products and services;
• to operate, protect, improve and optimize our website and our mobile application, our other products and services, our business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
• to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
• to consider your employment application.

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymized consumer insights so that we can better understand your preferences and interests, personalize your experience and enhance the products and services that you receive.

Do we use your personal information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our products and services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with applicable laws (including spam and/or privacy laws). You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg, an unsubscribe link).

To whom do we disclose your personal information?

We may disclose personal information for the purposes described in this privacy policy to:

• our employees and affiliated entities;
• third party suppliers and service providers (including providers for the operation of our websites and our mobile applications and/or our business or in connection with providing our products and services to you);
• professional advisers, consultants and agents;
• payment systems operators (eg, merchants receiving card payments);
• our existing or potential agents, business partners or partners;
• our sponsors or promoters of any promotion or campaign that we conduct via our services;
• anyone to whom our assets or businesses (or any part of them) are assigned or transferred;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Disclosure of personal information outside Australia

We may disclose personal information outside of Australia to cloud providers and to our affiliated entities located in the United States, the United Kingdom, Ireland, New Zealand and Singapore.

When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with any local privacy requirements. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with Australian privacy principles.

Using our website & cookies

We may collect personal information about you when you use and access our website and/or our mobile application. While we do not use browsing information to identify you personally, we may record certain information about your use of our website and/or our mobile application, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer or mobile device.

We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under privacy laws. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this policy.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

Links

Our website and/or our mobile application may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our own privacy policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the details below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information. If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the applicable privacy laws, or you wish to make a complaint about the way we have handled your personal information, you can contact us care of the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Privacy Officer

Level 1, 285A Crown Street, Surry Hills NSW 2010, Australia

hq@exceptionalalien.com

Effective 26 September 2023